What is the current state of the law on constitutional restraint?
California, United States of America
The following excerpt is from In re Tax, B255223 (Cal. App. 2018):
"'A fundamental and longstanding principle of judicial restraint requires that courts avoid reaching constitutional questions in advance of the necessity of deciding them.' [Citation.]" (Santa Clara, supra, 11 Cal.4th at pp. 230-231, citing Lyng v. Northwest Indian Cemetery Prot. Assn. (1988) 485 U.S. 439, 445.) Thus, we ""'will not decide constitutional questions
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where other grounds are available and dispositive of the issues of the case.'" [Citations.]" (Ibid.)
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